16th International Symposium on Education for Peace, Justice, and Human Rights
Symposium on Business and Human Rights
Transcript of Symposium on Business and Human Rights
Symposium on Business and Human
Rights
An Introduction to Business & Human Rights
04 August 2017
Brig Rajiv Williams, YSM
Group Corporate Head CSR
Jindal Stainless Limited (JSL)
Introduction
The ‘Why’ of this Agenda
- First and foremost - Agenda from the stand point of
business - An entrepreneurial perspective
- Human rights is not anti-business or ideological
- Human rights are important, International norms are
important and we need to work to build own practices
and leadership in India
- Many believe that business and human rights do not
go hand in hand, human rights is the responsibility of
the State and not that of Corporations – Yes
- However important to respect Human Rights
- Articulated through various policies and frameworks
Introduction
Core Issues of United Nations Global Compact
• Human Rights
• Labour
• Environment
• Anti Corruption
Op Ed The Statesman
'A disrespectful military act'
Rajiv Williams
June 6, 2017 | 02:37 AM
PURVIEW
Background – Journey of B & HR Agenda in India
UNGPs on B & HR – John Ruggie’s Framework
Protect, Respect, Remedy
India CEO Forum on B & HR
An International Perspective
An Issue – Land Acquisition and Land use – A
Human Rights Approach
Background - Business and Human Rights
R & R Policy / Issues around Child labour, violence and
distrust over land acquisition etc.
Human Rights Committee UNGC (I) – To sensitize
corporations on UNGPs – 28th June 2011
Release of NVG – 8 July 2011 – Reporting Framework
Launch of India CEO Forum on Business and Human
Rights on 13 Feb 2012
Awareness Programs and trainings held across
locations – Jindal, Infosys, HUL - July 2011 onwards
NHRC and CII
UNGPs on B & HR
PROTECT, RESPECT, REMEDY
CORPORATE RESPONSIBILITY TO RESPECT
• FOUNDATIONAL PRINCIPLES - 11 – 15
• OPERATIONAL PRINCIPLES – 16 – 24
Principle Nos. 16 & 17 – Policy
Commitment and H R Due Dilengence
INDIA CEO FORUM ON B & HR
CHAIR – Mr. Narayana Murthy, Infosys
Convener – Brig Rajiv Williams, YSM
1 Core Advisory Group
was formed
2 Consultation /
Guidance of the Chair
of Forum
3 Formal Launch in
Delhi
4 Training Programs
conducted at Delhi,
Mumbai and
Bangalore
5 Human Rights due
diligence
Conclusion
Make Human Rights a business case
Importance of due diligence
Increase awareness
Documentation and Reporting
International Perspective
• Annual Forum - B&HR
• GBI Support
• OECD Guidelines
• National Action Plan
• Reporting framework
• Women Empowerment Principles
• WEP Leadership Group
• Issues – Migration, Land Acquisition etc.
An Issue – Land Acquisition
Guidelines for Business
A Human Rights Approach
COMMUNITY CHALLENGES
• Land has enormous
cultural and political
significance
• Business interest in
land is for a
different purpose
i.e. for its economic
value
• Some communities
have legal rights –
Others do not
• When communities
refuse to move –
State intervention
• State may decide to
deploy force
• Governments may
resort to use of
‘Doctrine of Eminent
Domain’
Community Challenges …….contd.
• Business in most cases have no control over actions
that governments take with regard to land acquisition
• Companies have human rights responsibilities, and
should be aware of inherent risks of being complicit in
actions governments take which lead to abuses
• No relocation shall take place without free, prior and
informed consent and after fair compensation
• The “Remedy” framework for business and human
rights, all companies have the responsibility undertake
due diligence before and during any business activity
Human rights due diligence – 4 components
:• Human Rights Policy Statement – articulating
company’s commitment to respect human rights
• Periodic assessments of actual and potential human
rights impacts of company activities
• Integration of these commitments and human rights
risk assessments into company decision-making
• Tracking as well as reporting performance.
PART 1 – Three Basic Principles for Land
Acquisition
1. Transparency – Companies should be open and
transparent with regard to purpose of land
acquisition
2. Non Discrimination – Should not discriminate
individuals
3. Accountability - Companies should ensure that
open and fair consultation processes
PART II – Essential Guidelines for Business on
the process of land acquisition
• Conduct a baseline survey
• Access conflict potential and impact
• Identify legal owners -
-The principle should be to protect the vulnerable
- Assess own needs fairly
- Make information accessible
- Consult all stakeholders
- Pay particular attention to women
- Consult without armed guards
- Identify local needs
Land Acquistion Processes…………. Contd.
• Use Government Support
• Avoid using State for securing community
consent
• Respect cultural norms but support international
human rights standards and democratic
processes
• Create structures that provide ongoing income
streams to communities
• Provide and maintain access to rivers, parks,
pastures etc.
CONCLUSION
• Not respecting human rights restricts the
potential of economic and entrepreneurial
prospects
• "It is easy to dodge our responsibilities, but we
cannot dodge the consequences of dodging our
responsibilities.” – Sir Josiah Stamp
• Part of this agenda is about enhanced
enterprise risk management
CONCLUSION
• Land acquisition is a tricky business and needs to
be worked upon in a very careful manner
• Government policies are not the only drivers and
the companies have to go beyond compliance
• It is in this context that Corporations need to
understand the second pillar of ‘Respect’
• Other issues like migration, fair trade etc. all need
a clear vision and mission.
Thank You
Jindal Stainless Limited
Jindal Centre,12,
Bhikaiji Cama Place,
New Delhi – 110066
INDIA
www.jindalstainless.com